ACM imposes conditions on merger Coop/Plus – mr. J. Sterk – December 23, 2021
Today, ACM announced that it would approve the merger under the condition that shops must be sold in 12 market areas, otherwise there would be too little competition in those market areas. The areas are: Harmelen, Hollandscheveld, Rolde, Ruurlo, Stolwijk, Terborg, Wehl, Groot Ammers, Wekerom, Ravenstein, Uddel and Vlieland. Businesses are also located in these areas.
Although the full decision has not yet been published, it seems to be possible to deduce from these areas that ACM has also included Plus’ participation in Spar in its considerations.
For the entrepreneurs involved, this means that solutions must be sought within a non-public period set by ACM. In the past, this has happened in a similar way, for example with the transition from C1000 to Jumbo. Which has not worked out well in all cases. Entrepreneurs involved must be assisted in this negotiation by experts, so that they can properly assess the opportunities and risks of the situation that has arisen. Now that Spar seems to be involved, it is also questionable whether there are still realistic alternatives available in some market areas? As a specialist in (supermarket) franchise and market leader, Ludwig & Van Dam has extensive experience in supervising this type of process.
For more information:
Jeroen Sterk – Sterk@ludwigvandam.nl
Alex Dolphijn – dolphijn@ludwigvandam.nl
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to sterk@ludwigvandam.nl

Other messages
Creative solution for the division of the Sunday opening
Creative solution for the division of the Sunday opening
Franchisee may not be bound by a non-competition clause
Recently, the court of Utrecht ruled again on the Super de Boer case against one of its (former) franchisees.
Exchange information about takeover entrepreneurs C1000
Exchange information about takeover entrepreneurs C1000
More choices for fast food entrepreneur
In the competitive market of fast food concepts, those who have access to their own premises often determine which formula may be used.
Franchisee protection in case of subletting
Franchisee protection in case of subletting
Distribution agreement or agency agreement: find the differences
The court in The Hague recently ruled whether there was a distribution agreement (this could be a franchise agreement, for example) or an agency agreement.